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Contract Law Updates

Why Contractors Should Have A Well Written Contract

Why Contractors Should Have A Well Written Contract In a recent decision (Woensdregt v. Handyman), the Arizona Court of Appeals (1st division), ruled that when a party seeks an award of attorney’s fees based on contract, rather than A.R.S. § 12-341.01, the Court will enforce the provision according to terms.  The Court determined that the…

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Is There A Form For A Mechanic's & Materialmen's Lien?

45.Lien Form by f-thomas As construction starts to ramp up again in the Valley of the  Sun, so do the issues associated with collecting on contracts.  A great mechanism for contractors and material suppliers to assist in collection of monies is a Mechanic’s & Materialmen’s Lien.  A Mechanic’s & Materialmen’s Lien is a great security measure…

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Arizona Mechanics Lien Law A Brief Overview

Arizona Mechanics Lien Law A Brief Overview Presented by: D. Jeffrey Craven, Esq and Frederick C. Thomas, Esq.   Are you new to contracting in Arizona?  Have you ever been hired on a project and not been paid?  Did you know that a proper, recorded mechanic’s lien may protect your interest and help you get…

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Thomas v Montelucia Villas LLC

The Arizona Supreme Court made several key holdings in this case.  The first issue before the Court was the ability of a defendant to retain an “earnest” deposit when the Plaintiff anticipatorily breached the contract.  The Court ruled that if one party anticipatorily breaches a contract the defendant must still prove it is ready, willing…

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SCOTUS To Hear Case Regarding Forum Shopping

In a moment that took me back to my first year at McGeorge School of Law, and my civil procedure professor’s (Micheal Vitello) use of a little tikes type shopping cart to help us visualize forum shopping, SCOTUS is set to hear a  case (Atlantic Marine Constr. Co. v J-Crew Management Inc.) regarding forum selection clauses in business contracts.…

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